GLASS IN PIE.

Star (Christchurch), Volume LXVI, Issue 20476, 30 November 1934, Page 5

GLASS IN PIE.

Ex-Lancashire Cricketer’s Claim Succeeds. £667 DAMAGES AWARDED. A man who said he found a piece of glass in his mouth after eating a mince pie was awarded £667 damages in the King’s Bench. He was Mr Tom Butler Entwistle. of Lavington Road. Ealing, W., who sued United Dairies, Limited. Mr Entwistle, who is 53, and a form- i er Lancashire cricketer and Rugby I player, alleged that the glass was in a i pot of rnincemeat his wife had bought ! from a United Dairies shop. lie said he swallowed a gold clip of I his lower denture when his teeth struck the glass and suffered severe pain ever j since. The defence was a denial of breach j of warranty. Mr Justice Swift, in his summing-up. referred to a complaint called diverticulitis, which had been mentioned in the case. “ It is an extremely rare complaint.” he said. “ We all know about appendicitis because everyone is born with an appendix. But most people are not born with a diverticulum. “ Unfortunately for Mr Entwistle he was either born with it or in some way or other acquired it since.” According to the medical evidence, added the judge, inflammation of the diverticulum was very rare, and the question for the jury was whether in the present case diverticulitis was set up by the gold clip. It did not matter what care the company took or how much they were entitled to rely on the manufacturers. They had contracted that the mincemeat was fit for consumption. It was not disputed that there was glass in the mincemeat, but the jury 1 had to lie satisfied that Mr Entwistle |in consequence swallowed the gold j I clip, and that it caused the injury ; | which he said he had suffered ever |